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Texas Foreclosure Guide

Texas is a non-judicial foreclosure state — the deed of trust allows lenders to sell without court action. Constable sales are held on the first Tuesday of every month at the county courthouse. Texas has no state income tax but property taxes are high and create priority liens. HOA foreclosures are also non-judicial in Texas and are a separate risk layer.

Process Type

Non-Judicial

Typical Timeline

~60 days

Sale Method

Constable sale (1st Tuesday)

Active Foreclosure Auctions

Texas Title Risk Articles

State-specific articles coming soon — check back as our foreclosure title guide library grows.

County-Level Exceptions Investors Should Know

Statewide rules only tell part of the story. These county-level quirks catch out-of-state investors off guard.

Harris County (Houston)

Harris County has eight separate constable precincts, each of which holds its own first-Tuesday sale at a different physical location. Buyers must confirm which constable precinct handles the specific property and then attend the correct location — sales are not consolidated at the courthouse.

Dallas County

Dallas County's tax sales are conducted separately from the constable foreclosure sales. Properties with both a delinquent tax judgment and a mortgage foreclosure will have two separate sale proceedings. The tax sale may occur first, clouding title for the mortgage lender and creating title defects that affect buyers.

Travis County (Austin)

Travis County has numerous properties in areas with MUD (Municipal Utility District) bonds. MUD assessments are levied as non-ad valorem charges on the property tax bill, run with the land, and are not extinguished by a mortgage or constable foreclosure. Austin-area MUD bonds can represent $10,000–$40,000+ in assessments on new construction.

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